Global Warming Economic Oversight Act of 2009 - Establishes the Global Warming Economic Oversight Commission to conduct ongoing oversight of, and report to the appropriate congressional committees on, the use by the federal government of funds from any auction or sale of greenhouse gas (GHG) emissions allowances.
Requires the Commission to focus on the use of funds to: (1) create new jobs in industries that produce renewable energy; (2) preserve jobs in existing, previously carbon-intensive industries; (3) assist working families with any increases in the costs of energy, transportation, housing, health care, food, and other necessities that result from federal laws designed to limit GHG emissions; and (4) assist small businesses with increases in energy costs that result from such laws, including costs relating to transportation, facilities, and equipment.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2147 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2147
To establish the Global Warming Economic Oversight Commission to study
and report on the use by the Federal Government of funds from any
auction or sale of greenhouse gas emissions allowances, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2009
Mr. Hodes (for himself, Mr. Connolly of Virginia, Mr. Israel, Mr.
Braley of Iowa, and Mr. Tonko) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To establish the Global Warming Economic Oversight Commission to study
and report on the use by the Federal Government of funds from any
auction or sale of greenhouse gas emissions allowances, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Warming Economic Oversight
Act of 2009''.
SEC. 2. GLOBAL WARMING ECONOMIC OVERSIGHT COMMISSION.
(a) Establishment.--There is hereby established the Global Warming
Economic Oversight Commission (hereafter in this section referred to as
the ``Commission'').
(b) Duties.--
(1) Ongoing review.--
(A) In general.--The Commission shall conduct
ongoing oversight of, and submit reports to the
appropriate committees of the Congress on, the use by
the Federal Government of funds from any auction or
sale of greenhouse gas emissions allowances.
(B) Definition.--In subparagraph (A), the term
``appropriate committees of the Congress'' means--
(i) the Committees on Commerce, Science,
and Transportation, Energy and Natural
Resources, Environment and Public Works,
Health, Education, Labor, and Pensions, and
Small Business and Entrepreneurship of the
Senate; and
(ii) the Committees on Education and Labor,
Energy and Commerce, Oversight and Government
Reform, and Small Business of the House of
Representatives.
(2) Reporting.--The Commission shall submit a report under
paragraph (1)--
(A) not later than 3 months after the first auction
or sale of greenhouse gas emissions allowances by any
agency or instrumentality of the United States; and
(B) not less than every 6 months thereafter.
(3) Focus.--In conducting oversight and submitting reports
under this section, the Commission shall focus on the
following:
(A) New jobs.--The use of funds described in
paragraph (1) to create new jobs in industries that
produce renewable energy.
(B) Preservation of existing jobs.--The use of such
funds to preserve jobs in existing, previously carbon-
intensive industries.
(C) Assisting with effects on low and middle income
families.--The use of such funds to assist working
families with any increases in the costs of energy,
transportation, housing, health care, food, and other
necessities that result from Federal statutes designed
to limit greenhouse gas emissions.
(D) Small businesses.--The use of such funds to
assist small businesses with any increases in energy
costs that result from Federal statutes designed to
limit greenhouse gas emissions, including costs
relating to transportation, facilities, and equipment.
(c) Membership.--
(1) In general.--The Commission shall consist of 9 members,
as follows:
(A) 1 member appointed by the Speaker of the House
of Representatives, in consultation with the majority
leadership of the relevant House committees.
(B) 1 member appointed by the minority leader of
the House of Representatives, in consultation with the
minority leadership of the relevant House committees.
(C) 1 member appointed by the majority leader of
the Senate, in consultation with the majority
leadership of the relevant Senate committees.
(D) 1 member appointed by the minority leader of
the Senate, in consultation with the leadership of the
relevant Senate committees.
(E) 1 member, who shall serve as the Chair of the
Commission, jointly appointed by the Speaker of the
House of Representatives and the majority leader of the
Senate, after consultation with the minority leader of
the Senate and the minority leader of the House of
Representatives.
(F) The Secretary of Energy (or the Secretary's
designee).
(G) The Chairperson of the Federal Trade Commission
(or the Chairperson's designee).
(H) The Administrator of the Small Business
Administration (or the Administrator's designee).
(I) The Secretary of Labor (or the Secretary's
designee).
All appointed members of the Commission shall be appointed
within 30 days of the first posting in the Federal Register of
an auction or sale of greenhouse gas emissions allowances by
any agency or instrumentality of the United States.
(2) Pay.--Except as provided in paragraph (3), each member
of the Commission shall each be paid at a rate equal to the
daily equivalent of the annual rate of basic pay for level IV
of the Executive Schedule for each day (including travel time)
during which such member is engaged in the actual performance
of duties vested in the Commission.
(3) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(4) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(5) Quorum.--Four members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
(6) Vacancies.--A vacancy on the Commission shall be filled
in the manner in which the original appointment was made.
(7) Meetings.--The Commission shall meet at the call of its
Chair or a majority of its members.
(d) Staff.--
(1) In general.--The Commission may appoint and fix the pay
of any personnel as the Commission considers appropriate.
(2) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(3) Staff of agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or
agency to the Commission to assist it in carrying out its
duties under this Act.
(e) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Commission considers appropriate and may administer
oaths or affirmations to witnesses appearing before it.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this section.
Upon request of the Chair of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
(f) Initial Meeting.--The Commission shall meet and begin the
operations of the Commission within 30 days of the first auction or
sale of greenhouse gas emissions allowances by any agency or
instrumentality of the United States.
(g) Rules of Procedure.--The Commission may establish rules for the
conduct of the Commission's business, if such rules are not
inconsistent with this Act or other applicable law.
(h) Subpoenas.--
(1) In general.--Subject to paragraph (2), the Commission,
for the purpose of carrying out this Act, may require, by
subpoena or otherwise, the attendance and testimony of such
witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents, as the
Commission or the Chair of the Commission may determine
advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the Chair of the Commission;
or
(II) by the affirmative vote of 5
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the Chair of the
Commission or any member designated by a
majority of the Commission and may be served by
any person designated by the Chair or by a
member designated by a majority of the
Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under
subparagraph (A), the United States district
court for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(ii) Additional enforcement.--In the case
of any failure of any witness to comply with
any subpoena or to testify when summoned under
authority of this section, the Commission may,
by majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who may bring the
matter before the grand jury for its action,
under the same statutory authority and
procedures as if the United States attorney had
received as certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(i) Contracting.--The Commission may, to such extent and in such
amounts as are provided in advance in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties under this
Act.
(j) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(k) Volunteer Services.--Notwithstanding section 1342 of title 31,
United States Code, the Commission may accept and use voluntary and
uncompensated services as the Commission determines necessary.
(l) Termination.--The Commission shall terminate 6 months after the
last (as determined by the Commission) auction or sale of greenhouse
gas emissions allowances by any agency or instrumentality of the United
States.
(m) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission to carry out this Act such sums as may
be necessary.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Environment.
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